The decision to terminate an individual’s employment is not an easy one. At times, however, whether due to economic pressures, or poor performance, it may nevertheless be necessary.
The process your organization follows when carrying out a termination of employment is important. It can have a big impact on the affected individual and, if done carefully, can reduce the potential risk of liability to your organization.
When the T-1000 came from the future to destroy John Connor, Arnie made sure he was stopped in his tracks. While employers who have to date relied upon prohibitive time and costs to deter ex-employee claims might not face the wrath that Skynet did, given the recent decision of Cloutier v. Q Residential LP Corp, 2015 ONSC 4431 (CanLII), a rethinking of such approaches may be required.
Since the Supreme Court's decision in Hryniak v. Mauldin, 2014 SCC 7 (CanLII), summary judgment has become a common tool in straightforward employment law matters. In Hryniak, the Court was explicit that summary judgment should be used whenever there "is no genuine issue requiring a trial."
